Massage Envy - Credit Card Expired on Month-by-Month Contract
My wife has been on the Massage Envy membership contract since January of 2007, she fulfilled the 12 month term of the contract since January of 2008 and has been on the month-to-month auto-renew ever since.
We had a baby a while back and my wife hasn't been going to Massage Envy for about a year to a year and a half. In December of 2011 the credit card she used for the membership expired and since she was not going regularly, she didn't notice so she didn't update her payment information. At the end December/ start of January, her monthly charge therefore did not go through.
Fast forward to earlier in September 2012, we had never heard from anyone from Massage Envy and my wife decided to go there to get a massage. They informed her that she owed them approximately $420.00 and that her account has been turned over to a collection agency. I don't have the exact numbers, as Massage Envy will not give us an itemized list of the charges, as they say it has been turned over to a collection agency and we have to deal with them.
Part of the issue right now is that they have not given us the information on the collection agency, either. We have not been contacted by the collection agency, either. We asked for everything in writing, but all Massage Envy has sent was a copy of the contract my wife initially signed. We were hoping for billing details and the information on the collection agency.
From talking to them on the phone, the $420.00 amount is from seven months of attempting a monthly charge, which all failed. (They cancelled the account in July of 2012 and turned it over to collections at that time, or so they say).
I am not disputing the loss of the massages or the month that the card was initially declined for its expiration. I am questioning the subsequent six months of charges for the "month-by-month" membership. The only statement in the contract I can find related to cancellation under the auto-renew period is that if no statement of cancellation is given in writing they can turn it over to collections and the buyer agrees to pay "all reasonable collections, agency fees, and legal costs incurred". This seems open to interpretation and I feel anything beyond the first month is not reasonable on a month-by-month auto-renew. My wife hasn't used their services since early 2011.
If anyone has any advice, I would appreciate it. As a secondary concern, they haven't even given us any information on the collection agency and it seems that they should be legally obliged to provide that information.
Thank you for any thoughts or information!
Monetary Loss: $420.
Location: Salt Lake City, Utah
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Comments
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I am also in the same situation with massage envy.
I am in this situation also. Please let me know if you get information.
Did you ever here from a collection company? what is the status? I am in the same situation.
ME can turn people over to collections and unfortunately because it does go to auto renew the money is owed, however, each clinic can be owned by a different franchisee and it is up to each clinics policy how they handle it. Ask to speak to a manager and they can sonetimes work with you.
They SHOULD have attempted phone calls and if possible e mails. Good luck
They didn't actually turn it over to collections. There's not actually such a thing at massage envy.
They just say that to scare people. Don't worry you don't owe the 420.
And it will never be put on your credit. Trust me I know.
you signed up for a contract. it says within the contract that you need to give massage envy 30 days notice before cancelling.
your wife is responsible for those payments. you did not update your wife new phone number and the massage envy she had been going to is not her home clinic and they do not handle her billing. it is not their responsibility to call every clinic your wife has been to because SHE signed the contract.
SHE is held responsible. sorry to say, but there's no way you would win a lawsuit over this.
I will give you a simple answer. As much as I hate this word, you need to sue them.
I should add that we never received a call or anything during this time period. Massage Envy explained that it was because the original Massage Envy my wife signed up for had her old phone number. The Massage Envy my wife has been going to for the last three years had my wife's current phone number, which they never tried to contact (their own admission).